Bill Text: NY S09119 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes the state of New York to enter into the interstate compact on industrialized/modular buildings which provides for uniform regulations on industrialized/modular homes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-15 - RECOMMIT, ENACTING CLAUSE STRICKEN [S09119 Detail]
Download: New_York-2023-S09119-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9119 IN SENATE April 29, 2024 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the executive law, in relation to adopting the inter- state compact on industrialized/modular buildings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 613 to 2 read as follows: 3 § 613. The interstate compact on industrialized/modular buildings. The 4 interstate compact on industrialized/modular buildings is hereby entered 5 into and enacted into law with all jurisdictions legally joining there- 6 in, in the form substantially as follows: 7 ARTICLE I. FINDINGS AND DECLARATIONS OF POLICY 8 (1) The compacting states find that: 9 (a) Industrialized/modular buildings are constructed in factories in 10 the various states and are a growing segment of the nation's affordable 11 housing and commercial building stock. 12 (b) The regulation of industrialized/modular buildings varies from 13 state to state and locality to locality, which creates confusion and 14 burdens state and local building officials and the 15 industrialized/modular building industry. 16 (c) Regulation by multiple jurisdictions imposes additional costs, 17 which are ultimately borne by the owners and users of 18 industrialized/modular buildings, restricts market access, and discour- 19 ages the development and incorporation of new technologies. 20 (2) It is the policy of each of the compacting states to: 21 (a) Provide the states which regulate the design and construction of 22 industrialized/modular buildings with a program to coordinate and 23 uniformly adopt and administer the states' rules and regulations for 24 such buildings, all in a manner to assure interstate reciprocity. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13939-01-3S. 9119 2 1 (b) Provide to the United States Congress assurances that would 2 preclude the need for a voluntary preemptive federal regulatory system 3 for modular housing, as outlined in Section 572 of the Housing and 4 Community Development Act of 1987, including development of model stand- 5 ards for modular housing construction, such that design and performance 6 will insure quality, durability, and safety; will be in accordance with 7 life-cycle cost-effective energy conservation standards; all to promote 8 the lowest total construction and operating costs over the life of such 9 housing. 10 ARTICLE II. DEFINITIONS 11 As used in this compact, unless the context clearly otherwise 12 requires: 13 (1) "Commission" means the Interstate Industrialized/Modular Buildings 14 Commission. 15 (2) "Industrialized/modular building" means any building which is of 16 closed construction; i.e., constructed in such a manner that concealed 17 parts or processes of manufacture cannot be inspected at the site, with- 18 out disassembly, damage, or destruction, and which is made or assembled 19 in manufacturing facilities, off the building site, for installation, or 20 assembly and installation, on the building site. 21 "Industrialized/modular building" includes, but is not limited to, modu- 22 lar housing which is factory-built single-family and multi-family hous- 23 ing (including closed wall panelized housing) and other modular, nonres- 24 idential buildings. "Industrialized/modular building" does not include 25 any structure subject to the requirements of the National Manufactured 26 Home Construction and Safety Standards Act of 1974. 27 (3) "Interim Reciprocal Agreement" means a formal reciprocity agree- 28 ment between a non-compacting state wherein the non-compacting state 29 agrees that labels evidencing compliance with the model rules and regu- 30 lations for industrialized/modular buildings, as authorized in Article 31 VIII, section (9), shall be accepted by the state and its subdivisions 32 to permit installation and use of industrialized/modular buildings. 33 Further, the non-compacting state agrees that by legislation or regu- 34 lation, and appropriate enforcement by uniform administrative proce- 35 dures, the non-compacting state requires all industrialized/modular 36 building manufacturers within that state to comply with the model rules 37 and regulations for industrialized/modular buildings. 38 (4) "State" means a state of the United States, territory, or 39 possession of the United States, the District of Columbia, or the 40 Commonwealth of Puerto Rico. 41 (5) "Uniform administrative procedures" means the procedures adopted 42 by the Commission (after consideration of any recommendations from the 43 rules development committee) which state and local officials, and other 44 parties, in one state, will utilize to assure state and local officials, 45 and other parties, in other states, of the substantial compliance of 46 industrialized/modular building construction with the construction stan- 47 dard of requirements of such other states; to assess the adequacy of 48 building systems; and to verify and assure the competency and perform- 49 ance of evaluation and inspection agencies. 50 (6) "Model rules and regulations for industrialized/modular buildings" 51 means the construction standards adopted by the Commission (after 52 consideration of any recommendations from the rules development commit- 53 tee) which govern the design, manufacture, handling, storage, delivery, 54 and installation of industrialized/modular buildings and building compo-S. 9119 3 1 nents. The construction standards and any amendments thereof shall 2 conform insofar as practicable to model building codes and referenced 3 standards generally accepted and in use throughout the United States. 4 ARTICLE III. CREATION OF COMMISSION 5 The compacting states hereby create the Interstate 6 Industrialized/Modular Buildings Commission, hereinafter call Commis- 7 sion. Said Commission shall be a body corporate of each compacting state 8 and an agency thereof. The Commission shall have all the powers and 9 duties set forth herein and such additional powers as may be conferred 10 upon it by subsequent action of the respective legislatures of the 11 compacting states. 12 ARTICLE IV. SELECTION OF COMMISSIONERS 13 The Commission shall be selected as follows. As each state becomes a 14 compacting state, one resident shall be appointed as commissioner. The 15 commissioner shall be selected by the governor of the compacting state, 16 being designated from the state agency 3 charged with regulating 17 industrialized/modular buildings or, if such state agency does not 18 exist, being designated from among those building officials with the 19 most appropriate responsibilities in the state. The commissioner may 20 designate another official as an alternate to act on behalf of the 21 commissioner at Commission meetings which the commissioner is unable to 22 attend. 23 Each state commissioner shall be appointed, suspended, or removed and 24 shall serve subject to and in accordance with the laws of the state 25 which said commissioner represents; and each vacancy occurring shall be 26 filled in accordance with the laws of the state wherein the vacancy 27 exists. 28 For every three state commissioners that have been appointed in the 29 manner described, those state commissioners shall select one additional 30 commissioner who shall be a representative of manufacturers of residen- 31 tial- or commercial-use industrialized/modular buildings. For every six 32 state commissioners that have been appointed in the manner described, 33 the state commissioners shall select one additional commissioner who 34 shall be a representative of consumers of industrialized/modular build- 35 ings. 36 In the event states withdraw from the compact or, for any other 37 reason, the number of state commissioners is reduced, the state commis- 38 sioners shall remove the last added representative commissioner as 39 necessary to maintain the ratio of state commissioners to representative 40 commissioners described herein. 41 Upon a majority vote of the state commissioners, the state commission- 42 ers may remove, fill a vacancy created by, or replace any representative 43 commissioner, provided that any replacement is made from the same repre- 44 sentative group and the ratio described herein is maintained. Unless 45 provided otherwise, the representative commissioners have the same 46 authority and responsibility as the state commissioners. 47 In addition, the Commission may have as a member one commissioner 48 representing the United States government if federal law authorizes such 49 representation. Such commissioner shall not vote on matters before the 50 Commission. Such commissioner shall be appointed by the President of the 51 United States, or in such other manner as may be provided by Congress.S. 9119 4 1 ARTICLE V. VOTING 2 Each commissioner (except the commissioner representing the United 3 States government) shall be entitled to one vote on the Commission. A 4 majority of the commissioners shall constitute a quorum for the trans- 5 action of business. Any business transacted at any meeting of the 6 Commission must be by affirmative vote of a majority of the quorum pres- 7 ent and voting. 8 ARTICLE VI. ORGANIZATION AND MANAGEMENT 9 The Commission shall elect annually, from among its members, a chair- 10 man, a vice chairman, and a treasurer. The Commission shall also select 11 a secretariat, which shall provide an individual who shall serve as 12 secretary of the Commission. The 4 Commission shall fix and determine 13 the duties and compensation of the secretariat. 14 The commissioners shall serve without compensation, but shall be reim- 15 bursed for their actual and necessary expenses from the funds of the 16 Commission. 17 The Commission shall adopt a seal. 18 The Commission shall adopt bylaws, rules, and regulations for the 19 conduct of its business, and shall have the power to amend and rescind 20 these bylaws, rules, and regulations. 21 The Commission shall establish and maintain an office at the same 22 location as the office maintained by the secretariat for the transaction 23 of its business and may meet at any time, but in any event must meet at 24 least once a year. The chairman may call additional meetings and upon 25 the request of a majority of the commissioners of three or more of the 26 compacting states shall call an additional meeting. 27 The Commission annually shall make the governor and legislature of 28 each compacting state a report covering its activities for the preceding 29 year. Any donation or grant accepted by the Commission or services 30 borrowed shall be reported in the annual report of the Commission and 31 shall include the nature, amount, and conditions, if any, of the 32 donation, gift, grant, or services borrowed and the identity of the 33 donor or lender. The Commission may make additional reports as it may 34 deem desirable. 35 ARTICLE VII. COMMITTEES 36 The Commission will establish such committees as it deems necessary, 37 including, but not limited to, the following: 38 (1) An executive committee which functions when the full Commission is 39 not meeting, as provided in the bylaws of the Commission. The executive 40 committee will ensure that proper procedures are followed in implement- 41 ing the Commission's programs and in carrying out the activities of the 42 compact. The executive committee shall be elected by vote of the Commis- 43 sion. It shall be comprised of at least three and no more than nine 44 commissioners, selected from the state commissioners and one member of 45 the industry commissioners and one member of the consumer commissioners. 46 (2) A rules development committee appointed by the Commission. The 47 committee shall be consensus-based and consist of not less than seven 48 nor more than twenty-one members. Committee members will include state 49 building regulatory officials; manufacturers of industrialized/modular 50 buildings; private, third- party inspection agencies; and consumers. 51 This committee may recommend procedures which state and local officials,S. 9119 5 1 and other parties, in one state, may utilize to assure state and local 2 officials, and other parties, in other states, of the substantial 3 compliance of industrialized/modular building construction with the 4 construction standard requirements of such other states; to assess the 5 adequacy of building systems; and to verify and assure the competency 6 and performance of evaluation and inspection agencies. This committee 7 may also recommend construction standards for the design, manufacture, 8 handling, storage, delivery, and installation of industrialized/modular 9 buildings and building components. The committee will submit its recom- 10 mendations 5 to the Commission, for the Commission's consideration in 11 adopting and amending the uniform administrative procedures and the 12 model rules and regulations for industrialized/modular buildings. The 13 committee may also review the regulatory programs of the compacting 14 states to determine whether those programs are consistent with the 15 uniform administrative procedures or the model rules and regulations for 16 industrialized/modular buildings and may make recommendations concerning 17 the states' programs to the Commission. In carrying out its functions, 18 the rules committee may conduct public hearings and otherwise solicit 19 public input and comment. 20 (3) Any other advisory, coordinating, or technical committees, member- 21 ship on which may include private persons, public officials, associ- 22 ations, or organizations. Such committees may consider any matter of 23 concern to the Commission. 24 (4) Such additional committees as the Commission's bylaws may provide. 25 ARTICLE VIII. POWER AND AUTHORITY 26 In addition to the powers conferred elsewhere in this compact, the 27 Commission shall have power to: 28 (1) Collect, analyze, and disseminate information relating to 29 industrialized/modular buildings. 30 (2) Undertake studies of existing laws, codes, rules and regulations, 31 and administrative practices of the states relating to 32 industrialized/modular buildings. 33 (3) Assist and support committees and organizations which promulgate, 34 maintain, and update model codes or recommendations for uniform adminis- 35 trative procedures or model rules and regulations for 36 industrialized/modular buildings. 37 (4) Adopt and amend uniform administrative procedures and model rules 38 and regulations for industrialized/modular buildings. 39 (5) Make recommendations to compacting states for the purpose of 40 bringing such states' laws, codes, rules and regulations, and adminis- 41 trative practices into conformance with the uniform administrative 42 procedures or the model rules and regulations for industrialized/modular 43 buildings, provided that such recommendations shall be made to the 44 appropriate state agency with due consideration for the desirability of 45 uniformity while also giving appropriate consideration to special 46 circumstances which may justify variations necessary to meet unique 47 local conditions. 48 (6) Assist and support the compacting states with monitoring of plan 49 review programs and inspection programs, which will assure that the 50 compacting states have the benefit of uniform industrialized/modular 51 building plan review and inspection programs. 52 (7) Assist and support organizations which train state and local 53 government and other program personnel in the use of uniform 54 industrialized/modular building plan review and inspection programs.S. 9119 6 1 (8) Encourage and promote coordination of state regulatory action 2 relating to manufacturers, public or private inspection programs. 3 (9) Create and sell labels to be affixed to industrialized/modular 4 building units, constructed in or regulated by compacting states, where 5 such labels will evidence 6 compliance with the model rules and regu- 6 lations for industrialized/modular buildings, enforced in accordance 7 with the uniform administrative procedures. The Commission may use 8 receipts from the sale of labels to help defray the operating expenses 9 of the Commission. 10 (10) Assist and support compacting states' investigations into and 11 resolutions of consumer complaints which relate to 12 industrialized/modular buildings constructed in one compacting state and 13 cited in another compacting state. 14 (11) Borrow, accept, or contract for the services of personnel from 15 any state or the United States or any subdivision or agency thereof, 16 from any interstate agency, or from any institution, association, 17 person, firm, or corporation. 18 (12) Accept for any of its purposes and functions under this compact 19 any and all donations, and grants of money, equipment, supplies, materi- 20 als, and services (conditional or otherwise) from any state or the 21 United States or any subdivision or agency thereof, from any interstate 22 agency, or from any institution, person, firm, or corporation, and may 23 receive, utilize, and dispose of the same. 24 (13) Establish and maintain such facilities as may be necessary for 25 the transacting of its business. The Commission may acquire, hold, and 26 convey real and personal property and any interest therein. 27 (14) Enter into contracts and agreements, including but not limited 28 to, interim reciprocal agreements with non-compacting states. 29 ARTICLE IX. FINANCE 30 The Commission shall submit to the governor or designated officer or 31 officers of each compacting state a budget of its estimated expenditures 32 for such period as may be required by the laws of that state for presen- 33 tation to the legislature thereof. 34 Each of the Commission's budgets of estimated expenditures shall 35 contain specific recommendations of the amounts to be appropriated by 36 each of the compacting states. The total amount of appropriations 37 requested under any such budget shall be apportioned among the compact- 38 ing states as follows: one-half in equal shares; one-fourth among the 39 compacting states in accordance with the ratio of their populations to 40 the total population of the compacting states, based on the last decen- 41 nial federal census; and one-fourth among the compacting states in 42 accordance with the ratio of industrialized/modular building units manu- 43 factured in each state to the total of all units manufactured in the 44 compacting states. 45 The Commission shall not pledge the credit of any compacting state. 46 The Commission may meet any of its obligations in whole or in part with 47 funds available to it by donations, grants, or sale of labels: provided 48 that the Commission takes specific action setting aside such funds prior 49 to incurring any obligation to be met in whole or in part in such 50 manner. Except where the Commission makes use of funds available to it 51 by donations, grants, or sale of labels, the Commission shall not incur 52 any obligation prior to the allotment of funds by the compacting states 53 adequate to meet the same.S. 9119 7 1 The Commission shall keep accurate accounts of all receipts and 2 disbursements. The receipts and disbursements of the Commission shall be 3 subject to the audit and 7 accounting procedures established under its 4 bylaws. All receipts and disbursements of funds handled by the Commis- 5 sion shall be audited yearly by a certified or licensed public account- 6 ant and the report of the audit shall be included in and become part of 7 the annual report of the Commission. 8 The accounts of the Commission shall be open at any reasonable time 9 for inspection by duly constituted officers of the compacting states and 10 any person authorized by the Commission. 11 Nothing contained in this Article shall be construed to prevent 12 Commission compliance relating to audit or inspection of accounts by or 13 on behalf of any government contributing to the support of the Commis- 14 sion. 15 ARTICLE X. ENTRY INTO FORCE AND WITHDRAWAL 16 This compact shall enter into force when enacted into law by any three 17 states. Thereafter, this compact shall become effective as to any other 18 state upon its enactment thereof. The Commission shall arrange for 19 notification of all compacting states whenever there is a new enactment 20 of the compact. 21 Any compacting state may withdraw from this compact by enacting a 22 statute repealing the same. No withdrawal shall affect any liability 23 already incurred by or chargeable to a compacting state prior to the 24 time of such withdrawal. 25 ARTICLE XI. RECIPROCITY 26 If the Commission determines that the standards for 27 industrialized/modular buildings prescribed by statute, rule, or regu- 28 lation of compacting state are at least equal to the Commission's model 29 rules and regulations for industrialized/modular buildings, and that 30 such state standards are enforced by the compacting state in accordance 31 with the uniform administrative procedures, industrialized/modular 32 buildings approved by such a compacting state shall be deemed to have 33 been approved by all the compacting states for placement in those states 34 in accordance with procedures prescribed by the Commission. 35 ARTICLE XII. EFFECT ON OTHER LAWS AND JURISDICTION 36 Nothing in this compact shall be construed to: 37 (1) Withdraw or limit the jurisdiction of any state or local court or 38 administrative officer or body with respect to any person, corporation, 39 or other entity or subject matter, except to the extent that such juris- 40 diction pursuant to this compact, is expressly conferred upon another 41 agency or body. 42 (2) Supersede or limit the jurisdiction of any court of the United 43 States. 44 ARTICLE XIII. CONSTRUCTION AND SEVERABILITY 45 This compact shall be liberally construed so as to effectuate the 46 purposes thereof. 8 The provisions of this compact shall be severable 47 and if any phrase, clause, sentence, or provision of this compact is 48 declared to be contrary to the constitution of any state or of theS. 9119 8 1 United States or the applicability thereof to any government, agency, 2 person, or circumstances is held invalid, the validity of the remainder 3 of this compact and the applicability thereof to any government, agency, 4 person, or circumstance shall not be affected thereby. If this compact 5 shall be held contrary to the constitution of any state participating 6 therein, the compact shall remain in full force and effect as to the 7 remaining party states and in full force and effect as to the state 8 affected as to all severable matters. 9 § 2. This act shall take effect immediately.
